How Can We Legally Frame an Undertaking for Contract Laborers in a Chemical Plant?

I need help in framing a legal undertaking from laborers; it should be legally valid. We are a chemical manufacturing company and are planning to venture into a new chemical procedure. The laborers needed will be hired on a contract basis, but to be on a safer side, we need to take an undertaking from the laborer stating that we have given them training and they are well aware of the dangers but are capable of handling the material used in this procedure. They have been provided with enough safety gear. In case of any accidents/mishaps during work, they will be solely responsible, and the company bears no liability.

We need to take this undertaking so that the laborers work more cautiously and are alert in their work. As mentioned, we have trained them and are also going to provide the necessary safety gear such as full-length gloves and suits.

Thank you,
Joanita

Any such undertaking will have no legal validity if the worker does not wear or use safety equipment. The company can always take disciplinary action against him under the relevant standing orders or rules of discipline. However, to take an undertaking that the company will not be responsible for any accident is too presumptuous and cannot provide immunity from any legal provisions, especially under the Workmen's Compensation Act or the Factories Act.

Thanks Shekhar for assisting me, but I still need a format for the same as my management feels safer to take an undertaking from laborers. I have explained to them that in case of any mishaps, this undertaking will not help, but they still insist. Please help.

Thanks,
Joanita

JoAnita,

I am an auditor for Occupational Health & Safety (OHSAS 18001). I keep records of training provided to workers and housekeeping staff, MSDS of chemicals, registers for issuance of Personal Protective Equipment, warning signs, etc. These responsibilities do not absolve you of any accidents; it is your duty to ensure implementation as well. Please let me know what existing safeguards are in place at your company and whether a HAZOP/HAZON/Safety audit, etc., has ever been conducted.

Suryavrat